Abarca

DISCUSSION

1. Abarca Did Not Preserve a Claim for Appeal Regarding Discovery In a proceeding under Labor Code section 98.2, subdivision (a), the trial court has discretion whether to allow discovery. (Sales Dimensions v. Superior Court (1979) 90 Cal.App.3d 757, 763.) “[W]here the matter is analogous to a small claims case, i.e., the amount in controversy is not great and the issues involved are not complex, the court should give effect to the policy of the discovery statutes and of the Labor Code by

1 Abarca filed a notice of appeal on May 21, 2014. The trial court entered judgment on July 22, 2014. We construe Abarca’s premature notice of appeal as an appeal from the judgment. (Cal. Rules of Court, rule 8.104(d)(1); see Bosetti v. United State Life Ins. Co. in City of New York (2009) 175 Cal.App.4th 1208, 1223, fn. 11 [notice of appeal filed after trial court ruled but before entry of judgment treated as appeal from subsequently entered judgment].)

2 limiting or precluding discovery. [Citation.] But where the amount in dispute is large or the issues complex, discovery may be appropriate.” (Ibid.) Abarca “acknowledges [that] the court record is silent as to the trial…